Page No.# 1/3 GAHC010266822025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7040/2025 JAHANGIR AZIZ BARBHUIYA S/O.- LATE RAFIQUE UDDIN BARBHUIYA,VILLAGE - NETYANANDAPUR-1, P.O. - NITYANANDAPUR, P.S. LALA, DISTRICT - HAILAKANDI, ASSAM. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI ASSAM PIN- 788722. 4:THE DEPUTY INSPECTOR OF SCHOOLS HAILAKANDI ASSAM PIN- 788151. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER LALA HAILAKANDI ASSAM PIN- 788163. Page No.# 2/3 6:THE DISTRICT COMMISSIONER HAILAKANDI-CUM-THE CHAIRMAN DISTRICT LEVEL COMMITTEE HAILAKANDI ASSA Advocate for the Petitioner : MRS R BEGUM, MS. S B CHOUDHURY Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 24.04.2026 The present writ petition has been instituted by the petitioner praying for consideration of his case for appointment on compassionate ground. 2. It is projected that the father of the petitioner while working as an Assistant Teacher in Rangpur Pally Unnayan M.E. School, had died in harness on 21.10.2008. It is seen from the materials brought on record that the mother of the petitioner, proximate to the time when the father of the petitioner had died in harness, had submitted an application on 09.01.2009, for appointment on compassionate ground. The said application not being considered, she had approached this Court by way of instituting a writ petition being WP(C).No.3777/2009. The said writ petition was disposed of vide an order dated 04.09.2009, directing the respondents to place the case of the mother of the petitioner before jurisdictional DLC. The jurisdictional DLC on consideration of the application submitted by the mother of the petitioner in its meeting held on 19.09.2023, had rejected the same on the ground that the mother of the petition was under qualified. 3. The decision of the jurisdictional DLC towards rejecting the application submitted by the mother of the petitioner was not assailed. It is at this stage that the petitioner had submitted an application on 05.08.2024. Case of a member of the family of the petitioner, having already been considered for appointment on compassionate grounds and the same Page No.# 3/3 being rejected, it was not open to the petitioner to submit a subsequent application for the same purpose. 4. However Ms. S. B. Choudhury, learned counsel, appearing for the petitioner after attempting to argue the matter at some length, has submitted that she be permitted to withdraw the present writ petition. 5. Prayer is not objected to by Ms. K. Phukan, learned Government Advocate, appearing for the State respondents. 6. Accordingly, in view of the prayer made by the petitioner, the present writ petition stands dismissed on withdrawal. JUDGE Comparing Assistant